Sergio Cota v. Fresenius USA, Inc., et al
| SERGIO COTA, individually; and on behalf of all others similarly situated |
| FRESENIUS USA, INC., a Massachusetts corporation, FRESENIUS USA MANUFACTURING, INC., a Delaware corporation and DOES, 1 through 100 inclusive |
| 22-55303 |
| March 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Labor Litigation |
Opinions
We have the following opinions for this case:
| Description |
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| SERGIO COTA V. FRESENIUS USA, INC., ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
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Filing 35
MANDATE ISSUED.(PJK, MDS and DPC) [12656713] (NAC) [Entered: 02/21/2023 08:03 AM]
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Filing 34
FILED MEMORANDUM DISPOSITION (PAUL J. KELLY, JR., MILAN D. SMITH, JR. and DANIEL P. COLLINS) AFFIRMED. FILED AND ENTERED JUDGMENT. [12640282] (EHC) [Entered: 01/27/2023 08:48 AM]
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Filing 33
SUBMITTED ON THE BRIEFS TO PAUL J. KELLY, JR., MILAN D. SMITH, JR. and DANIEL P. COLLINS. [12603372] (DLM) [Entered: 12/06/2022 11:52 AM]
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Filing 32
Filed order (PAUL J. KELLY, JR., MILAN D. SMITH, JR. and DANIEL P. COLLINS): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and that the decisional process would not be significantly aided by oral argument. See FED. R. APP. P. 34(a)(2)(C). Therefore, Appellees motion to submit this case on the briefs, Dkt. No. [ # 31 ], is GRANTED. This matter is ordered submitted on the briefs and record without oral argument on December 6, 2022 in Pasadena, California. [12598792] (AF) [Entered: 11/30/2022 10:03 AM]
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Filing 31
Filed (ECF) Appellee Fresenius USA Manufacturing, Inc. Motion for miscellaneous relief [Motion To Submit Case Without Oral Argument]. Date of service: 11/28/2022. [12597019] [22-55303] (Grossman, Andrew) [Entered: 11/28/2022 02:27 PM]
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Filing 30
Filed (ECF) Appellee Fresenius USA Manufacturing, Inc. citation of supplemental authorities. Date of service: 11/24/2022. [12595520] [22-55303] (Grossman, Andrew) [Entered: 11/24/2022 09:39 AM]
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Filing 29
Filed (ECF) Acknowledgment of hearing notice by Attorney Thomas Stephen Campbell for Appellant Sergio Cota. Hearing in Pasadena on 12/06/2022 at 09:30 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/07/2022. [12581776] [22-55303] (Campbell, Thomas) [Entered: 11/07/2022 02:07 PM]
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Filing 28
Filed (ECF) Acknowledgment of hearing notice by Attorney Thomas Stephen Campbell for Appellant Sergio Cota. Hearing in Pasadena on 12/06/2022 at 09:30 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/07/2022. [12581685] [22-55303]--[COURT UPDATE: Updated docket text to reflect content of filing. 11/07/2022 by SLM] (Campbell, Thomas) [Entered: 11/07/2022 01:13 PM]
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Filing 27
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Andrew M. Grossman for Appellees Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc.. Hearing in Pasadena on 12/06/2022 at 09:30 A.M. (Courtroom: 3). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/07/2022. [12581652] [22-55303]--[COURT UPDATE: Updated docket text to reflect content of filing. 11/07/2022 by SLM] (Grossman, Andrew) [Entered: 11/07/2022 12:51 PM]
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Filing 26
Notice of Oral Argument on Tuesday, December 6, 2022 - 09:30 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12575641]. [22-55303] (KS) [Entered: 10/28/2022 01:38 PM]
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Filing 25
Notice of Oral Argument on Tuesday, December 6, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12548477]. [22-55303] (KS) [Entered: 09/25/2022 06:09 AM]
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Filing 24
Filed (ECF) Attorney Mr. Andrew M. Grossman for Appellees Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc. response to notice for case being considered for oral argument. Date of service: 08/23/2022. [12523671] [22-55303] (Grossman, Andrew) [Entered: 08/23/2022 09:52 AM]
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Filing 23
Received 6 paper copies of Reply Brief [ # 20 ] filed by Sergio Cota. [12522387] (CPA) [Entered: 08/22/2022 11:09 AM]
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Filing 22
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12521171]. [22-55303] (KS) [Entered: 08/19/2022 12:51 PM]
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Filing 21
Filed clerk order: The reply brief [ # 20 ] submitted by Sergio Cota is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12520253] (SML) [Entered: 08/18/2022 02:38 PM]
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Filing 20
Submitted (ECF) Reply Brief for review. Submitted by Appellant Sergio Cota. Date of service: 08/17/2022. [12518887] [22-55303] (Campbell, Thomas) [Entered: 08/17/2022 12:44 PM]
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Filing 19
Received 6 paper copies of Answering Brief [ # 17 ] filed by Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc.. [12507523] (SD) [Entered: 08/02/2022 11:59 AM]
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Filing 18
Filed clerk order: The answering brief [ # 17 ] submitted by Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12504073] (LA) [Entered: 07/28/2022 10:30 AM]
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Filing 17
Submitted (ECF) Answering Brief for review. Submitted by Appellees Fresenius USA, Inc. and Fresenius USA Manufacturing, Inc.. Date of service: 07/27/2022. [12503426] [22-55303] (Grossman, Andrew) [Entered: 07/27/2022 12:49 PM]
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Filing 16
Added Attorney(s) Andrew M. Grossman for party(s) Appellee Fresenius USA, Inc. Appellee Fresenius USA Manufacturing, Inc., in case 22-55303. [12503340] (DJV) [Entered: 07/27/2022 11:43 AM]
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Filing 15
Filed (ECF) notice of appearance of Andrew M. Grossman (Baker Hostetler, Washington Square, 1050 Connecticut Ave, N.W., Suite 1100, Washington, DC 20036-5304) for Appellees Fresenius USA, Inc. and Fresenius USA Manufacturing, Inc.. Date of service: 07/27/2022. (Party was previously proceeding with counsel.) [12503330] [22-55303] (Grossman, Andrew) [Entered: 07/27/2022 11:39 AM]
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Filing 14
Streamlined request [13] by Appellees Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Does, Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc. answering brief due 07/27/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12476313] (DLM) [Entered: 06/21/2022 04:04 PM]
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Filing 13
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc.. New requested due date is 07/27/2022. [12474920] [22-55303] (Spjute, Alex) [Entered: 06/20/2022 10:52 AM]
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Filing 12
Received 3 paper copies of excerpts of record [ # 7 ] in 1 volume(s) filed by Appellant Sergio Cota. [12466828] (SD) [Entered: 06/08/2022 03:47 PM]
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Filing 11
Received 6 paper copies of Opening Brief [ # 6 ] filed by Sergio Cota. [12466823] (SD) [Entered: 06/08/2022 03:45 PM]
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Filing 10
Filed clerk order: The opening brief [ # 6 ] submitted by Sergio Cota is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 7 ] submitted by Sergio Cota are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12461216] (LA) [Entered: 06/01/2022 02:24 PM]
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Filing 9
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant Sergio Cota. Date of service: 05/31/2022. [12459759] [22-55303] (Campbell, Thomas) [Entered: 05/31/2022 12:34 PM]
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Filing 8
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 6 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant Sergio Cota. Date of service: 05/31/2022. [12459755] [22-55303] (Campbell, Thomas) [Entered: 05/31/2022 12:32 PM]
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Filing 7
Submitted (ECF) excerpts of record. Submitted by Appellant Sergio Cota. Date of service: 05/26/2022. [12457298] [22-55303]--[COURT UPDATE: Attached corrected excerpts. 06/01/2022 by LA] (Campbell, Thomas) [Entered: 05/26/2022 12:56 PM]
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Filing 6
Submitted (ECF) Opening Brief for review. Submitted by Appellant Sergio Cota. Date of service: 05/26/2022. [12457295] [22-55303]--[COURT UPDATE: Attached corrected brief. 06/01/2022 by LA] (Campbell, Thomas) [Entered: 05/26/2022 12:54 PM]
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Filing 5
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12444704] (CL) [Entered: 05/11/2022 05:28 PM]
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Filing 4
MEDIATION ORDER FILED: By 04/18/2022, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12412416] (VS) [Entered: 04/04/2022 04:47 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 03/29/2022. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12407512]. [22-55303] (AD) [Entered: 03/29/2022 12:44 PM]
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Filing 2
Filed (ECF) Appellant Sergio Cota Mediation Questionnaire. Date of service: 03/29/2022. [12407473] [22-55303] (Campbell, Thomas) [Entered: 03/29/2022 12:02 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Sergio Cota Mediation Questionnaire due on 04/01/2022. Appellant Sergio Cota opening brief due 05/26/2022. Appellees Does, Fresenius USA Manufacturing, Inc. and Fresenius USA, Inc. answering brief due 06/27/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12405268] (RT) [Entered: 03/25/2022 02:22 PM]
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